Harries V The Church Commissioners For England
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Harries V The Church Commissioners For England
''Harries v The Church Commissioners for England'' [1992] 1 WLR 1241 is an English trusts law case, concerning the possibility to invest ethically. It tempers the decision in ''Cowan v Scargill'' to show that trustees can make investments, guided by ethical considerations, if it can be shown that overall financial performance would not be harmed, but also if it would be consistent with the purpose of the trust. Facts Richard Harries, Bishop of Oxford, challenged the Commissioners to change their investment policy. 85% of the fund provided income for stipends for serving clergy, pensions for retired clergy and housing for both. Harries argued that investments should not be selected that were incompatible with ‘the promotion of the Christian faith through the Church of England’ even if it involved financial detriment. The Commissioners argued their policy was fine, of regarding non-financial considerations so far as it did not ‘significantly jeopardise or interfere with accep ...
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English Trusts Law
English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the Commonwealth and the United States. Trusts developed when claimants in property disputes were dissatisfied with the common law courts and petitioned the King for a just and equitable result. On the King's behalf, the Lord Chancellor developed a parallel justice system in the Court of Chancery, commonly referred as equity. Historically, trusts have mostly been used where people have left money in a will, or created family settlements, charities, or some types of business venture. After the Judicature Act 1873, England's courts of equity and common law were merged, and equitable principles took precedence. Today, trusts play an important role in financial investment, especially in unit trusts and in pension trusts (where trustees and fun ...
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Cowan V Scargill
''Cowan v Scargill'' 985Ch 270 is an English trusts law case, concerning the scope of discretion of trustees to make investments for the benefit of their members. It held that trustees cannot ignore the financial interests of the beneficiaries. Some of the ''obiter dicta'' in ''Cowan'', however, have been implicitly doubted by '' Harries v The Church Commissioners for England'', which held that trustees are entitled to consider the social and moral interests of the beneficiaries where they relate to the express or implied objects of the trust. Furthermore, the ''Goode Report'' on '' Pension Law Reform'' in 1993 stated the law to be that trustees "are perfectly entitled to have a policy on ethical investment and to pursue that policy, so long as they treat the interests of the beneficiaries as paramount and the investment policy is consistent with the standards of care and prudence required by law." In 2014, the Law Commission (England and Wales) commented that the case should n ...
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Richard Harries
Richard Douglas Harries, Baron Harries of Pentregarth, (born 2 June 1936) is a retired bishop of the Church of England and former British Army officer. He was the Bishop of Oxford from 1987 to 2006. From 2008 until 2012 he was the Gresham Professor of Divinity. Education and army career Harries was educated at Wellington College and Royal Military Academy Sandhurst. He was commissioned as a second lieutenant in the Royal Corps of Signals on 16 December 1955 and was promoted to lieutenant two years later. He left the active Regular Army on 12 September 1958 (transferring to the reserve of officers), and went to Selwyn College, Cambridge, where he studied theology (BA 1961, MA 1965), before going on to Cuddesdon College (1961–63) to study for ordination. He formally resigned his original army commission on 18 March 1965, but was immediately recommissioned as Chaplain to the Forces 4th Class in the Territorial Army; on 29 October 1969 he once more transferred to the reserve. Chu ...
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Bishop Of Oxford
The Bishop of Oxford is the diocesan bishop of the Church of England Diocese of Oxford in the Province of Canterbury; his seat is at Christ Church Cathedral, Oxford. The current bishop is Steven Croft, following the confirmation of his election to the See on 6 July 2016.Diocese of Oxford — Legal ceremony brings Bishop Steven a step closer
&
Diocese of Oxford — Letter from Bishop Steven
(Both Retrieved 8 July 2016)
The Bishop of Oxford has authority throughout the diocese, but also has primary responsibility for the city and suburbs of Oxford, which form the Archdeaconry of Ox ...
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Church Of England
The Church of England (C of E) is the established Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church recorded as existing in the Roman province of Britain by the 3rd century and to the 6th-century Gregorian mission to Kent led by Augustine of Canterbury. The English church renounced papal authority in 1534 when Henry VIII failed to secure a papal annulment of his marriage to Catherine of Aragon. The English Reformation accelerated under Edward VI's regents, before a brief restoration of papal authority under Queen Mary I and King Philip. The Act of Supremacy 1558 renewed the breach, and the Elizabethan Settlement charted a course enabling the English church to describe itself as both Reformed and Catholic. In the earlier phase of the English Reformation there were both Roman Catholic martyrs and radical Protestant martyrs. The later phases saw the Penal Laws punish Ro ...
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Donald Nicholls
Donald James Nicholls, Baron Nicholls of Birkenhead, (25 January 1933 – 25 September 2019) was a British barrister who became a Law Lord (Lord of Appeal in Ordinary). Biography Nicholls was educated at Birkenhead School, before reading Law at Liverpool University and Trinity Hall, Cambridge. He was called to the bar in 1958 as a member of the Middle Temple, becoming a Queen's Counsel in 1974. He was made a High Court judge on 30 September 1983, receiving the customary knighthood. On 10 February 1986, he was appointed a Lord Justice of Appeal and subsequently appointed to the Privy Council. He became Vice-Chancellor of the Supreme Court on 1 October 1991. He was appointed a Lord of Appeal in Ordinary on 3 October 1994 and consequently created a life peer as Baron Nicholls of Birkenhead, of Stoke d'Abernon in the County of Surrey. In 1998, Nicholls and the other Law Lords came to the international fore in deciding whether Augusto Pinochet could be extradited to Sp ...
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Vice-Chancellor Of The Supreme Court
The Chancellor of the High Court is the head of the Chancery Division of the High Court of Justice of England and Wales. This judge and the other two heads of divisions (Family and Queens Bench) sit by virtue of their offices often, as and when their expertise is deemed relevant, in panel in the Court of Appeal. As such this judge ranks equally to the President of the Family Division and the President of the Queen's Bench Division. From 1813 to 1841, the solitary and from 1841 to 1875, the three ordinary judges of the Court of Chancery — rarely a court of first instance until 1855 – were called vice-chancellors. The more senior judges of the same court were the Lord Chancellor and the Master of the Rolls (who were moved fully to the Court of Appeal above in 1881). Each would occasionally hear cases alone or make declarations on paper applications alone. Partly due to the old system of many pre-pleadings, pleadings and hearings before most cases would reach Chancery the exp ...
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Buttle V Saunders
''Buttle v Saunders'' 9502 All ER 193 is an English trusts law case, which held that a trustee has a duty to gazump, or break an agreement which has not quite been completed into a formal and binding contract. Facts The defendant trustee agreed to sell Mrs Simpson some land for £6,142. A beneficiary of the trust then offered £6,500 for the same land. The trustee refused, since he had already come to an informal agreement with Mrs Simpson. The beneficiary applied for an injunction against the sale to Mrs Simpson, alleging the duty was to obtain the highest price. Judgment Wynn-Parry J granted the injunction saying, See also *''Cowan v Scargill ''Cowan v Scargill'' 985Ch 270 is an English trusts law case, concerning the scope of discretion of trustees to make investments for the benefit of their members. It held that trustees cannot ignore the financial interests of the beneficiaries. ...'' Notes {{reflist, 2 References * English trusts case law High Court of Justic ...
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Liverpool And District Hospital For Diseases Of The Heart V Attorney General
Liverpool is a city and metropolitan borough in Merseyside, England. With a population of in 2019, it is the 10th largest English district by population and its metropolitan area is the fifth largest in the United Kingdom, with a population of 2.24 million. On the eastern side of the Mersey Estuary, Liverpool historically lay within the ancient hundred of West Derby in the county of Lancashire. It became a borough in 1207, a city in 1880, and a county borough independent of the newly-created Lancashire County Council in 1889. Its growth as a major port was paralleled by the expansion of the city throughout the Industrial Revolution. Along with general cargo, freight, and raw materials such as coal and cotton, merchants were involved in the slave trade. In the 19th century, Liverpool was a major port of departure for English and Irish emigrants to North America. It was also home to both the Cunard and White Star Lines, and was the port of registry of the ocean l ...
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Michigan Law Review
The ''Michigan Law Review'' is an American law review and the flagship law journal of the University of Michigan Law School. History The ''Michigan Law Review'' was established in 1902, after Gustavus Ohlinger, a student in the Law Department (now the Law School) of the University of Michigan, approached the dean with a proposal for a law journal. The ''Michigan Law Review'' was originally intended as a forum in which the faculty of the Law Department could publish its legal scholarship. The faculty resolution creating the ''Michigan Law Review'' required every faculty member to submit two articles per year to the new journal. From its inception until 1940, the ''Michigan Law Reviews student members worked under the direction of faculty members who served as editor-in-chief. The first of these was Floyd Mechem, the last Paul Kauper. In 1940, the first student editor-in-chief was selected. During the years that followed, student editors were given increasing responsibility and ...
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English Trusts Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Eng ...
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1991 In Case Law
File:1991 Events Collage.png, From left, clockwise: Boris Yeltsin, elected as Russia's first president, waves the new flag of Russia after the 1991 Soviet coup d'état attempt, orchestrated by Soviet hardliners; Mount Pinatubo erupts in the Philippines, making it the second-largest volcanic eruption of the 20th century; MTS Oceanos sinks off the coast of South Africa, but the crew notoriously abandons the vessel before the passengers are rescued; Dissolution of the Soviet Union: The Soviet flag is lowered from the Kremlin for the last time and replaced with the flag of the Russian Federation; The United States and soon-to-be dissolved Soviet Union sign the START I Treaty; A tropical cyclone strikes Bangladesh, killing nearly 140,000 people; Lauda Air Flight 004 crashes after one of its thrust reversers activates during the flight; A United States-led coalition initiates Operation Desert Storm to remove Iraq and Saddam Hussein from Kuwait, 300x300px, thumb rect 0 0 200 200 1991 So ...
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